Peterson v. Colvin

Filing 29

ORDER granting 26 Motion for Attorney Fees. Signed by District Judge James C. Dever III on 10/29/2018. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 7:15-CV-00247-D
RICHARD JOHN PETERSEN,
Plaintiff
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

Plaintiffs counsel filed a motion for approval of attorney's fees under section 206(b) of
the Social Security Act, 42 U.S.C. § 406(b), in the amount of$ 27,000.00. Attorney's fees under
section 206(b) are paid from past-due benefits awarded to a successful claimant. 42 U.S.C. §
406(b). Plaintiff has previously been awarded attorney's fees under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412, in the amount of$ 4,781.58.
Defendant filed a response, stating that under Gisbrecht v. Barnhart, 535 U.S. 789
(2002), it is the duty of the Court to determine a reasonable fee.
It is ORDERED that Plaintiffs counsel be awarded fees under 42 U.S.C. § 406(b) in the
amount of$ 27,000.00, and refund to Plaintiffthe smaller award between this amount and
the EAJA award.
SO ORDERED. This __jj_ day of October 2018.